Open Salon Terms of Service

Welcome to Open Salon. Please read these terms of service carefully. They contain important information regarding your legal rights, remedies and obligations, including how the content you provide can be used, and how disputes will be resolved.

1. REVISION DATE

These Terms of Service were last revised on June 23, 2008.

2. ACCEPTANCE OF TERMS

Open Salon is a web publishing service with social networking features ("Open Salon" or the "Service"). Salon Media Group, Inc. ("Salon") provides the Service to you subject to the following Terms of Service ("TOS"). By registering with Open Salon or by using the Open Salon site (the "Site"), and in exchange for Salon's agreement to provide the Service to you, you agree to be bound by the TOS. The TOS may be revised from time to time without notice to you other than appearing on the Site. If we do this, we will indicate at the beginning of the TOS when they were last revised. It is your responsibility to regularly check the Site and to review the TOS. Your continued use of the Site constitutes your agreement to all revisions to the TOS. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall also be subject to the TOS.

You must be at least thirteen (13) years of age to use the Service. Any registration by, use of, or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these TOS. By using the Service or the Site, you represent and warrant that you are 13 or older.

Salon reserves the right to refuse service to anyone without notice, at any time and for any reason.

3. PROVISION AND MODIFICATION OF SERVICE

Open Salon includes software, services, content, and advertising provided by Salon in order to facilitate and enhance the Service and the Site. However, much of the content of Open.Salon.com—including the contents of specific postings—is provided by and is the responsibility of users who submit content to the Service or post content on the Site. Salon takes no responsibility for such content. Salon merely provides access to such content as a service to you.

You understand and agree that the Service and the Site are provided to you on an AS IS and AS AVAILABLE basis. Salon disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. Salon disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with the Service or appear on the Site.

Salon reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service also may be subject to interruptions, caused by Salon or others. You agree that Salon will not be liable to you or to any third party for any modification, suspension, interruption or discontinuance of the Service.

4. REGISTRATION AND ACCOUNT CREATION

As part of the registration and account creation process required to use the Service, you will select a member ID (username) and a password, and you will provide Salon with certain registration information. In consideration of your use of the Service, you agree to provide accurate, current and complete information, and to promptly update all information you provide in connection with creating or maintaining your account, in order to keep it accurate, current and complete. (If any of your registration or account information changes, you can update it by visiting the Edit Account link on the Open Salon Site.)

You also agree that you will maintain the security of your password and identification, that you will be fully responsible for all use of your account, and that you will notify Salon immediately of any breach of security or unauthorized use of your account. You agree that you will not register for more than one account, register for an account on behalf of anyone other than yourself, or use another's account without permission.

5. CONDITIONS ON USE OF THE SERVICE AND THE SITE

Salon grants you permission to access and use the Service and the Site as set forth in these TOS, and in exchange you agree as follows:

You will access and use the Service and the Site solely for your own personal use;

You will not use Service or the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service or the Site, or in any manner inconsistent with these TOS;

You will not defeat or interfere with any security feature of the Service or the Site, or attempt to do so;

You will not alter or modify any content or component of the Service or the Site, other than content you have submitted to or posted on the Site;

You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content, component or use of or any access to the Service or the Site, without the prior written permission of Salon, except for content you have submitted to or posted on the Site, or content with respect to which you have the prior written permission of the owner;

You will not use any automated system, software, or device to generate and send unsolicited communications to or through the Service or the Site;

You will not collect or harvest any personally identifiable information, including without limitation account names or e- mail addresses, from the Service or the Site, nor use the communication systems provided by the Service or the Site for purposes of sending any commercial solicitation;

You will not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code designed to interefere with the functionality of any computer software or hardware or telecommunications equipment; and

You will not harrass or intimidate any other user of the Service or the Site.

6. YOUR CONDUCT AND USE OF THE SERVICE AND THE SITE

You are responsible for your own use of the Service and the Site.

You acknolwedge that you are solely responsible for the profiles (including your name, image, and likeness), text, photos, video, music, messages, comments, notes, advertisements, listings, links, and other content that you post, publish, upload, or display on the Site, or transmit to or share with others using the Service (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.

You understand and agree that any User Content you submit to Open Salon or post on the Site is intended to and generally will be made public, and that once made public User Content cannot be made private again. You consent to the public dissemination of all information you submit or post using the Service or the Site.

You agree that you will not use the Service or the Site to post, transmit, or share User Content that you did not create or that you do not have permission to post. You affirm that you own or have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions to the User Content you provide that are needed to use and to authorize Salon to use that User Content in the manner described in these TOS. By submitting or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.

You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account.

You agree that you will not use the Service or the Site to post, transmit, or share User Content that is obscene, defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise inappropriate on a site intended for a general audience. By submitting or posting User Content, you warrant that it is not obscene, defamatory or invasive of the privacy of any other person, or otherwise illegal.

You understand that Salon does not promise that User Content you submit to Open Salon or post on the Site will be maintained by Salon. You are solely responsible for creating backup copies of and replacing any User Content you submit to Open Salon or post on the Site, at your own cost and expense. You agree that Salon has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content or other communications provided using the Service. Salon retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.

7. RIGHTS TO AND USE OF THE CONTENT ON THE SITE

Except for User Content, all content and components of the Service and the Site ("Salon Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos contained therein, are owned by or licensed to Salon, subject to copyrights or other intellectual property rights held by others pursuant to law. Salon reserves all rights to the Salon Content, User Content, and any other component or content of the Service or the Site not expressly granted to you by these TOS.

By submitting or posting User Content using the Service or the Site, you grant to Salon an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the User Content will no longer appear on the Site. However, you acknowledge that Salon may retain archived copies of your User Content, and that Salon will retain the rights to the content granted by these TOS.

Salon does not assert any ownership over your User Content; rather, as between Salon and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Salon may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights Salon obtains will apply only to the compilation, collective work, or derivative work; as between Salon and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content.

When you post User Content to the Site, you also authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting, maintenance, and storage of the User Content on the Site.

8. OBJECTIONABLE OR INAPPROPRIATE CONTENT

By its very nature, the Site may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Site may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using Open.Salon.com. Salon does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content appearing on the Site. Salon does not endorse any opinions expressed via the Service. You acknowledge that any reliance on material appearing on the Site will be at your own risk.

Salon will not routinely review or revise content submitted using the Service or posted on the Site. However, Salon may read any such content, and Salon reserves the right to refuse to distribute any such content, to remove any content from the Site, or to edit such content, in it sole discretion.

If you find content appearing on the Site that you believe violates these TOS, or that is offensive or otherwise objectionable, you may inform Salon by sending a message to: open.problems [at] salon [dot] com. Salon will review your message and the content to which you object (assuming it is still on the Site). Salon may remove the content if, in Salon's judgment, it is inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that Salon is not legally responsible for content that it does not originate.

Neither is Salon legally responsible for keeping content that it deems inappropriate off of the Site. If content you have submitted is not published or is removed, please review these TOS and understand that the value of Open Salon is, to a large extent, based on providing an experience that is both enlightening and pleasant for the people who use the Site.

Salon may also elect to make certain content available only to registered users of the Service or the Site who expressly confirm that they are adults who wish to have access to the content. If the Service requires you to provide this confirmation, you agree that in doing so you consent to the receipt of any such information, and you release Salon from any claims based on the receipt or distribution of such information.

Salon also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of Salon, its users and the public. You agree that Salon will not be liable for exercising or failing to exercise any of these rights.

9. USE, PROMOTION AND DISTRIBUTION OF CONTENT BY SALON

You understand and agree that you will receive no compensation from Salon for any User Content you submit to Open Salon or post on the Site. You understand and agree that User Content you submit to Open Salon or post on the Site may be organized, arranged, formatted, categorized, designated, displayed, and edited as Salon determines, in its sole discretion. In particular:

Salon editors or automated functions of the Service may include User Content you submit in various locations on the Site, and/or may (or may not) apply certain designations to your User Content, such as "Pick of the Day," "Editor's Pick," "Top Rated," or "Most Read."

Salon editors may select User Content you submit to be included on the Salon news and information website (www.Salon.com, the "Salon Site"), either by including a copy of your content on the Salon Site, or by placing on the Salon Site a link to your content appearing on Open Salon. This process is referred to as "Promoting."

Salon editors may (or may not) modify User Content you submit as follows: (1) editing existing headlines or adding headlines to the content; (2) creating and adding brief summaries of the content; or (3) editing the text or other elements of the content.

By submitting User Content to Open Salon or posting it on the Site, you agree as follows:

Salon, in its discretion, may place your User Content in a location or locations of its choosing on the Site, and may apply designations currently existing or created in the future to your User Content. You will have no claim for compensation or any other remedy based on the location or designation of User Content you submit.

Salon, in its discretion, may Promote your User Content to the Salon Site, and may make copies of your User Content as necessary to do so. These TOS will apply to User Content that is Promoted to the Salon Site. You will have no claim for compensation or any other remedy based on the Promotion of User Content you submit.

Salon, in its discretion, may modify your User Content as described in these TOS. Salon will not be responsible for any claims arising from modifications that do not substantially change the meaning of the content, add new and different meanings, or result in the addition of new material that give rise to a claim.

10. ADVERTISING

Advertising served by Salon itself or by Salon in cooperation with third party advertising programs ("Salon Advertising"), may appear on the Site. Salon Advertising may appear on your Profile Page. You understand and agree that all revenue resulting from Salon Advertising will be paid exclusively to Salon, and that you have no right to or interest in any such revenue.

Salon may also provide you with the ability to have third party advertising appear on portions of your Profile Page ("User Advertising"). For example, Salon may provide you with the ability to have advertising served to your Profile Page through the Google AdSense online advertising program, and you may receive revenue from such advertising. You understand and agree that Salon may, at its sole discretion and at any time, take all or part of the revenue resulting from the placement of User Advertising. Salon will make reasonable efforts to provide notice of any change in how revenue from User Advertising is paid.

You understand and agree that if you opt in to User Advertising, you will abide by all applicable policies, terms, and conditions of the company that serves such advertising ("Ad Company"). (For example, if you opt in to having User Advertising appear on your Profile Page under the Google AdSense program, you will abide by the AdSense Program Policies and Terms and Conditions.) It is important to read them carefully before you agree to participate. They specify when and how payments may be made, how information you provide may be used, and also impose duties on you and limitations on your rights.

If you opt in to User Advertising, you will deal directly with the Ad Company that serves such advertising. You will be responsible for working directly with the Ad Company to make arrangements with respect to the delivery, content, features, or removal of advertising. You will also deal directly with the Ad Company with respect to any payments you may receive for User Advertising. You agree that Salon is not in any way responsible to make or process payments to you for User Advertising, for any failure of an Ad Company to make such payments, or for any failure or defect in the delivery of User Advertising.

You understand that Salon is not responsible for the textual, visual, or technological features or content of advertisements that appear on Open Salon, other than advertisements created and served directly by Salon (if any). By using the Service, you relieve Salon from any and all liability in connection with any Salon Advertising or User Advertising that may appear on your Profile Page or elsewhere on the Site.

11. TIPPING

The Service allows users to express their appreciation for great content, and inspire more, by making payments to other users. We refer to this as "Tipping," and we refer to such payments as "Tips." Tips are made through the "Tippem" feature on the Site.

In order to make or receive Tips, you must have registered as a member of Open Salon, and you must create a Tip Account. Tip Accounts and Tip payments will be handled by a third party payment service, Revolution Money Exchange ("RME") (https://www.revolutionmoneyexchange.com). The account you create with RME will be an RME account, which can be used for other purposes in addition to Tipping. However, it will work in conjunction with the Tippem feature on the Site, which includes additional features, so we refer to it as a "Tip Account." (If you already have an RME account, you can link it to your Open Salon acccount, to serve as your Tip Account.)

You will be required to submit certain information in order to create a Tip Account. The information you submit will be provided to and maintained by RME. It will not be provided to or maintained by Salon. RME will provide Salon with confirmed Tip transactions. These confirmations will be linked to your Open Salon member ID, but will not include your RME account ID or other identifying information you provide to RME. You understand and agree that the information you provide to establish a Tip Account will be governed by the RME Account Holder Agreement, Website Terms of Use, and Privacy Policy.

Salon will collect certain information when you make or accept a Tip. When a Tip is paid and when a Tip is accepted, Salon will send some of that information to RME in order to allow RME to process the Tip payment. In addition, information about Tips you make will be provided to the recipient of the Tip. Salon's collection and disclosure of information regarding Tips is described in, and subject to, the Open Salon Privacy Policy.

Tips can only be paid if the recipient has established a Tip Account. Tips are revocable until you direct them to be paid. Once you direct them to be paid, they cannot be revoked. However, Tips that are not accepted within thirty days will expire and will revert back to the user who initiated the tip. In order to obtain payment for a Tip, you will need to (1) accept the Tip using the Tippem feature on the Site; or (2) in creating your Tip Account, select the automatic acceptance feature, in which case all Tips will be automatically accepted as soon as they are paid.

RME processes payments by transfering the amount of the Tip from the RME account of the user who made a Tip to the RME account of the recipient. If the recipient has selected the automatic acceptance feature of RME, payment is made as soon as the user making the Tip directs that it be paid. If the recipient has not selected automatic acceptance, funds are transferred to an escrow account at RME at the time the user making the Tip directs that it be paid, and remain there until the recipient accepts the Tip through the Open Salon site. Funds for Tips not accepted within thirty days are returned to the account of the user making the tip. If you receive a Tip, Salon will attempt to notify you. However, you are solely responsible for monitoring Tippem and for accepting any Tips within thirty days.

Tip transactions will be initiated by using the Tippem feature on the Site. However, except for conveying information necessary to initiate Tip transactions and to provide users with certain information regarding the status and history of Tips they have made or received, Salon will have no involvement in or control over Tip transactions. All payments, transfers, and debits to or among Tip Accounts, and between Tip Accounts and any other financial accounts, will be handled exclusively by RME. At no time will any Tip funds be held by Salon or transferred to or through any account established or maintained by or on behalf of Salon. You understand and agree that Salon is not a bank, savings and loan, or other chartered or insured financial institution, and that the funds in your Tip Accounts, if any, are not insured by Salon and will not accrue any interest. You understand and agree that Salon has no responsibility for the management of any funds in your Tip Accounts.

IN CONSIDERATION OF SALON'S AGREEMENT TO PROVIDE THE TIPPING FEATURES OF THE SERVICE, YOU RELEASE SALON FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO YOUR USE OF THE TIPPING FEATURES. In particular, and without limiting the foregoing, you acknoweldge and agree that Salon will have no liability for Tips not accepted within thirty days, regardless of the reason (including the failure of Salon or RME to notify you that you have received Tips, the unavailability of the Open Salon site, the failure of Open Salon or RME to process Tips in an accurate or timely manner, or any other reason).

12. OTHER INTELLECTUAL PROPERTY RIGHTS

Open Salon, Salon Premium Services, Salon.com, Salon Magazine, Salon Personals, Table Talk, The WELL and other Salon logos and product and service names are trademarks of Salon. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. Open Salon is a blogging and social networking site and service. References to other names and trademarks are necessary in the course of providing information and commentary about the subjects addressed on the Site.

13. SPONSORS, ADVERTISERS AND THIRD PARTIES

The Site may contain links to sponsor, advertiser, or other third party websites that are not owned or controlled by Salon. Inclusion of, linking to or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by Salon. Salon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By using the Service, you relieve Salon from any and all liability arising from your use of any third-party website.

Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through the Service, are solely between you and such third parties. You agree that Salon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

14. PRIVACY

As a condition of using the Service or the Site, you agree to the terms of the Open Salon Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Salon may access or disclose your personal information, including the content of your communications, if Salon is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory authorization), or as otherwise provided in these TOS or the Open Salon Privacy Policy.

15. COPYRIGHT

Salon respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeate infringers.

If you are a copyright owner or an agent thereof and you believe that any content on Open Salon infringes upon your copyrights, you may submit a notice by following the directions on our DMCA page.

16. TERMINATION

Salon may, in its sole discretion, terminate your account, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Service or the Site, at any time, with or without notice, for any reason, including but not limited to violation of these TOS.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SALON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

In particular, and without limitation, Salon makes no warranty that: (1) the Service or the Site will meet your requirements; (2) the Service or the Site will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the Service or the Site will be accurate or reliable; (4) the quality of any products, services, information, or other material purchased or obtained by you through the Service or the Site will meet your expectations; (5) any errors in the components or contents of the Service or the Site will be corrected; or (6) or that the Site or the Service are free of viruses or other harmful components.

No advice or information, oral or written, obtained by you from Salon, shall create any warranty not expressly stated in these TOS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SALON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SALON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SITE

In particular, and without limitation, Salon will have no liability for damages arising from: (1) accessing, downloading, or otherwise obtaining any content or component of the service or the site, even if it results in the inadvertent transfer of harmful computer code, such as viruses, malware, or spyware; (2) unauthorized access to or disclosure or alteration of your transmissions or data; (3) statements or conduct of any third party on the service; or (4) as otherwise provided in these TOS.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.

20 . INDEMNIFICATION

You agree to hold harmless and indemnify Salon, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service or the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Salon will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of Salon to provide such notice will not relieve you of these obligations.

21. GENERAL

SEVERABILITY

If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in force.

CHOICE OF LAW AND VENUE

The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service or the Site, will be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or related to these TOS or the provision or use of the Service or the Site ("Claim"). The parties agree to submit any Claim to binding arbitration, to be held in San Francisco, California. In the event any Claim is mutually agreed by the parties or deemed by a court not to be subject to arbitration, it will be submitted to the state or federal courts sitting in San Francisco, California, and the parties agree that they are and will be subject to the personal jurisdiction of those courts.

NON-WAIVER

The failure of Salon to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

LIMITATION OF LEGAL ACTIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TOS, or the provision or use of the Service or the Site, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

These TOS, together with the Open Salon Privacy Policy, constitute the entire agreement between you and Salon and governs your use of the Service, superseding any prior agreements between you and Salon. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Salon services, affiliate services, third-party content or third-party software.

I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM.